Perry Mason (1957) s05e22 Episode Script
The Case of the Crippled Cougar
Itheme.]
[gunshot.]
l think you hit him.
l'm not sure.
He moved just as l fired.
lt'll be dark in an hour.
l wouldn't want to tangle with a wounded mountain lion after dark.
lt's rugged country up there.
Not much chance of finding him anyway.
Well, we better back to town.
Hello, Mike.
What are you doing out here? l've been watching you.
Where do you think you're going now? - Back to town.
- What about that cat? l missed him, l think.
And you let it go at that, huh? lf you were a man, you'd get up there and make sure.
Mike, what's all the fuss? It's only an animal? He's gone.
lf l did hit him, it was only in the leg.
Let the poor thing live.
Live? Dragging a leg for the rest of its life? And you call letting it live? Keith, you joined the right clan when you married Hugh Jamison's daughter.
You and he are the same brand.
Selfish and yellow, both of you.
You leave him out of this.
[Mike.]
Why? It's right up his alley.
The mighty hunter cripples a mountain lion.
He'll be proud of you, Keith.
Crippling is Jamison's specialty.
[gunshot.]
They're all in the black.
Silly little gun.
l could do more damage throwing rocks.
What's on the calendar, Lydia? Your accountant, Elliott Dunbar, is due at 10:OO to go over ne_ months' drilling costs.
- [phone rings.]
- Yes? Sure, Harlow, he's right here.
lt's Phipps over at the well.
Yeah? l hired you to manage this house and take a few notes for me.
When l want something to lean on, l'll buy crutches.
We're right on top of it, Mike.
Take a look at that color.
Not here.
Let's go inside.
This is the electric log l took this morning.
Take a look at those oscillations.
Now, take a look at this core sample under the microscope.
Who needs a microscope? l could squeeze the oil out of this with my bare hands.
lt's down there, Mike, just waiting for us.
l was never more sure of oil in my whole life.
Does any of the crew suspect? Not a chance.
l've kept it too close.
You know your ne_ move.
Know it? Mike, this is what we've both been sweating out for seven years.
How could l forget it? Okay, get rid of the crew.
You and l can cap this well.
We'll plug her tight.
Must be something special going on at the well to get Mike out there.
All l know is that he said for you to wait, Elliot.
A man gets tired waiting.
Then sit down.
You've known for three years how l feel about you.
ls that supposed to make a dimerence? Lydia, he's a cripple in more ways than one.
Why do you stay here? That's none of your business.
[vehicle approaching.]
Mike, by golly you're looking great.
Any calls? What's the good word at the drilling? Since when is a dry hole a good word? Dry? We're shutting it down.
Dunbar, l want the payroll checks out to the men by tonight and pay om Harlow Phipps in cash.
- In cash? - That's right.
l fired him.
Mike, you fired Harlow? He's had it.
He's through.
Well, can you do it? Yes, your books are in pretty good shape.
Of course we'll have to make some sort of an adjustment on your royalty deal with ABC Products for the tool rental.
l suppose if l have to, l-- Then what are you standing here for? Get on with the job.
Put in a call to Perry Mason in Los Angeles.
l want to talk to him about some leases.
When you were up at my ranch, you wouldn't believe me when l told you how big the gophers got, so l brought one back to prove it.
[Della.]
Gopher, indeed.
lt's a mountain lion, a cougar, and beautiful.
ls it for me? lf you've got a place to put it.
Don't you worry.
l'll find one.
Well, Perry, what about the leases? You say you want to sell om a thousand acres.
That's almost half of what you hold, isn't it? l want _50 an acre.
That's pretty cheap for leases with proven oil-bearing land on two sides.
Maybe there's oil there, and maybe there isn't.
By selling half my leases, l'm putting aside my bet, taking only half the risk.
Hedging a bet doesn't sound like you, Mike.
So l changed.
That's my business.
How's Hugh Jamison these days? [groans.]
Yes, of course, you've changed.
But l did think that maybe in seven years you might have forgotten.
Oh, sure, forget five tons of traveling block that knocks out half my knee.
lt was Jamison's rig.
The cable was rotten.
l told him so.
l suppose you still think that he set that fire at the well.
Look, Mike, you really believe he set that fire to cripple you and to steal that money? Perry, there was _100,OOO dollars in the shack that night.
l saw it-- and 50,OOO in cash.
What happened to it? Mike, stop and think.
lf that money had been stolen, you might not be able to trace the cash, but the securities were registered, and in seven years not one dollar's worth of that 50,OOO in securities-- and you want to lease out a thousand acres at _50 an acre.
Perry, l've made up my mind, and l don't want to argue.
Will you prepare those lease transfers, or do l have to walk out of here and hire myself a real lawyer? Any other lawyer would throw you right out of his omice.
All right, Mike, how do you want the transfers prepared? One block, 1 ,OOO acres.
You know, you may have to wait a long while for the right man to come along.
The right man will come along.
_5o,ooo? Harlow Phipps came to you at the bank to borrow _50,OOO? l told him bank vice-presidents have fancy titles but not very much authority.
For a loan like that, he'd have to speak to the president, Mr.
Wilkerson.
Of course, Wilkerson turned him down cold.
Harlow Phipps has been Mike Preston's right-hand man for better than 10 years.
Two weeks ago, Preston shuts down his well lays om the crew, and fires Phipps.
Without a job and without a nickel in security, Phipps tries to borrow _50,OOO.
Now, l'd call that interesting.
As a dutiful son-in-law, l just thought you'd like to know even though what happens at the bank is confidential.
There's nothing confidential about the fact that l'm so tied up l couldn't raise 50 cents, let alone _50,OOO or weren't you suggesting that l might be interested in Phipp's deal, whatever it is? He's not kind who would put up a front without having something pretty solid behind him.
l thought you might have some idea of what it was.
- Did-- - You thought.
lf you did, it's the first time.
Maybe there's some hope for you.
But if there was something, something big, and if l could-- l know things are a little rough for you right now, and there might be a way of finding out about Phipps' deal, that is, if you're really interested.
l'm interested.
Well, he's been keeping company with a girl at the bank, named Paula Hamilton.
Honolulu-- that's all l can think about.
lt won't be long now.
Soon as l finish my business.
What business? You don't even have a job.
Well, you have to admit, honey, you haven't been acting exactly like a big spender, lately.
Just give me a little time.
You could get a job with Mr.
Jamison, a good job.
Look, Paula, l don't need or want a job.
Even if l did, Jamison would be the last man l'd go to.
All l need is to get the right money lined up.
Money, money everywhere, not a cent to spend on Paula.
lf Paula will just keep her little shirt on, she'll be able to start her own bank and spend it all on Paula.
l must be slipping.
Maybe you'd rather be out with Harlow Phipps.
He never takes me out.
All l get from him is promises, Iots of promises, just like you.
ls your wife back in town yet? She'll be in San Francisco another week.
Paula, about Phipps' promises Arnie, what's he trying to get backing for? Do you know? He hasn't confided in you? He just said he needed to get the right money lined up.
What else did he say-- about the deal, l mean? Nothing.
The way he acts, you'd think he's afraid someone might move in on it.
Even you? Don't be silly.
l'm the kind that gets invited.
You know, Dave, nobody kids me about the oil business.
l'm telling you, there's been more dough thrown away on it than has ever been taken out.
The only way to make it in this racket is to know something, something nobody else knows.
All right, l'll take it from here.
You run along home.
Harlow.
Well, if it isn't Mr.
Jamison, the big friend of the little investor.
You and your boss pack a grudge a long time, don't you, Phipps? Remember, l took a beating in that oil well deal seven years ago, too.
_5,OOO of those securities were mine, every cent l had in the world.
Jamison, l'm going to say it right to your face.
You're a midget.
You think you're a big man in the oil business? You ain't seen nothing yet.
And you're going to show me, huh, Harlow? You bet l am.
l'm going to be bigger than you and Mike put together.
You're going to try your wings now that Mike has pushed you out of the nest.
- Is that it? - l've got news for you.
Mike didn't push.
l did.
l think you're talking through your whiskey.
Yeah? That ain't whiskey, and l was cold sober when l pulled it out, right under his nose.
Anybody can carry around a bottle full of sand and solvent.
That's right, Mr.
Jamison.
Let's have a drink, Harlow.
Another drink for Mr.
Phipps, and l'll have a scotch and water.
Are you trying to tell me that you fooled Mike Preston into plugging a well, just feet short of blowing in a gusher? Sure, sure, why not? Switch your reports, the electric log-- the real one-- and the sand.
Got 'em all back in my room.
How did you keep it from the crew? Those roughnecks are easy to hire and fire.
A thousand acres, half of it ne_ to proven ground.
l can get it for 50 an acre.
You're bluming, Phipps.
l've checked on you.
You've been up and down that coast for weeks trying to raise money.
You're afraid to show your hand for fear Mike will find out.
You don't stand a chance at raising that kind of money, but maybe l can.
Now, what do you say? Give me _5,OOO cash for expenses, and it's a deal.
Not quite.
lt's still a pig in a poke.
l want to see the hole.
You're taking a big chance going out there.
What do you call laying 50,OOO on the line? Every time Mike takes a step it reminds him of what you did to his leg.
He catches you up there, he'll kill you.
Then you'd better see that he doesn't.
l'll see you there at 9:30.
- [phone rings.]
- Yeah? Will you get out here right away? l was sure we had Jamison hooked, but something has come up.
Can't you tell me over the phone? Look, please, Mike, l-- l don't have the time.
Now, will you get out here, and fast? This whole thing is blowing up in our faces.
Phipps, are you trying to pull something on me, so help me, l'll kill you.
- [click.]
- Phipps? Don't hang up on me.
Phipps.
How long have you been standing there? Long enough to know it was Harlow who called.
- Mike, what's wrong? - [phone rings.]
Now, you listen to me, you-- This is Sopac Airlines.
Your operator said that we might reach Mr.
Phipps at this number.
Yes, sir.
lt's regarding his reservation to Honolulu tomorrow.
There were no cancellations on the flight.
Honolulu? Yes, sir, that's right, Honolulu.
Well, the same to you, fellow.
Mike? Mike! Hey, Mike! [dials.]
l was just passing through on my way to Sacramento.
l got here about minutes before Mike-- Mr.
Preston-- did.
All right, Mr.
Dunbar, thank you.
lf you think of anything else, you can reach me through the Los Angeles County Sherims omice.
Landro, Sergeant Ben Landro.
l'll do that, Sergeant.
That'll be all, thank you.
All right, Mr.
Preston, you might as well tell me about it.
You were there.
The watchman saw you.
l went out to the well.
It was dark.
l didn't even get out of the car.
And l went to town to his apartment, but Phipps wasn't there,so l came back here.
That's all l know.
Was he out at the well when he called you? How do l know where he was? You must've figured he was there.
You went to the well first.
Don't push me, Landro.
l'll push as hard as l have to.
l'm investigating a murder.
l'll ask you once more.
What did Phipps want to see you about? Mr.
Preston, where's that little 25-caliber automatic l understand you own and, uh, use? ln the glove compartment of my jeep.
Bring it in, Wilson.
Let's go back to the phone call from Phipps.
There's nothing more to tell.
Miss Reynolds, were you here when Phipps called Mr.
Preston-- [Preston.]
You leave her out of this.
My driller's been killed, and you walk-- Your driller? You threw Phipps out.
Everybody knows that.
lt's not there.
There's no gun in the car.
[Landro.]
Get your hat.
l don't know what happened to that stupid little gun.
Perry, l didn't Phipps.
Do you believe me or don't you? That's not the problem.
- Hugh Jamison killed him.
- Can you prove that? Jamison was out at my well last night.
He went out there to keep an appointment with Phipps.
Phipps told me.
Phipps is dead.
Now, what about this trip to Honolulu you discovered he was going to make? Who knows? Phipps is dead.
Come in, Mr.
Mason.
Sit down.
Thank you.
l'm sorry to hear about all this, but l'm not surprised.
Mike Preston's a brawler.
He always has been.
When did you last see Harlow Phipps, Mr.
Jamison? Yesterday, early in the evening.
We met in a restaurant, talked for a while.
Mind telling me what you talked about? No.
He wanted to borrow money to finance some new oil exploration.
What l don't understand is why Phipps went out to Mike's well last night.
Yes, that is strange.
lt's even stranger that Mike went out there.
Not at all.
You see, Phipps called him.
Oh, incidentally do you like guns, Mr.
Jamison? No, Mr.
Mason, l don't.
Well, thank you.
Oh, by the way, did you give Phipps the money he needed for his oil exploration? We didn't get that far.
l'm afraid l haven't been much help.
On the contrary.
Specifically, l'd like to know of anyone who's tried to raise a large amount of money recently.
Derrick City is a small town, Mr.
Mason.
What do you mean by large? _50,OOO.
l'd like to help, Mr.
Mason, but that is bank business, and-- Can you tell me if Harlow Phipps came in for a loan? Why, yes-- yes, he did, over a week ago.
Did you make the loan? l referred him to our president since it involved so large a sum.
Mr.
Wilkerson turned the loan down, insumicient security.
l gather Mr.
Jamison wasn't as concerned about security? No, he was-- You're very clever, Mr.
Mason.
You're married to Mr.
Jamison's daughter, aren't you? l assumed you were less secretive about bank business with him than you're being now, with me.
Mr.
Mason, l don't want you to think l was being secretive, but if you'll tell me how a _50,OOO loan ties in with this murder perhaps l can be more helpful.
Mr.
Keith, l really don't think we should ask you to violate the confidence of your customers until you're under oath.
Yes, that might be best.
Miss Hamilton, l realize what a shock this must've been, but, if you don't mind, there are some questions l'd like to ask you.
When was the last time you saw Harlow Phipps? When l drove him out to the well last night.
You drove him out? Yes.
l needed his car to run an errand.
Did you go back for him later? No.
He told me not to come until he called but he never called.
You know, you're a very attractive girl.
Living here alone, l imagine you have some means of protecting yourself.
You mean a gun? Honestly, you men are all alike.
Just because a girl is pretty and alone, you think she needs a gun.
How well do you know Hugh Jamison? Why, only as a customer at the bank.
Has he borrowed, or tried to borrow, a lot of money lately? l don't know anything about Mr.
Jamison's business.
Has Jamison ever had occasion to come here to see you? Certainly not.
What kind of a girl do you think l am anyway? You tell me, Miss Hamilton.
l saw Jamison leave this place just as l was arriving.
Aside from your tendency to avoid telling the truth, l'll be anxious to find out just what kind of a girl you are.
So long.
lsn't it a little late for electric logs, Sergeant Landro? That's what somebody wanted us to think.
You mean this well isn't dry? What did you come out here for, Mr.
Mason? To look in the shack over there.
We have a court order permitting it.
Help yourself.
''Darling, l told you you needed this.
''Keep it near you when l can't be.
Love, Harlow.
'' l wonder what that was that went with this card.
Perry, if there is oil here, then Phipps must have been trying to swindle Mike.
That's what Sergeant Landro will believe.
Looks like two bulls hit this China shop.
The watchman saw a .
25 automatic beside the body.
When he came back, it was gone, and Mike's gun is still missing.
And no ejected shell case, either.
Nope.
Either they can't find it, or the killer was smart enough to pick it up and get rid of it.
lt's a tough one.
Seems to me, though, that if we could find that gun, we'll find the killer.
Well, do l get it from you, Mike, or do l get it as a surprise from the District Attorney in court? You remember, Perry, when Jamison and l were partners in that wildcat well seven years ago? We were real close to oil when the option came due-- _100,OOO.
Jamison and l agreed that we'd sell shares to raise the cash.
Half of Derrick City was in on the deal.
Perry, besides me, Jamison was the only other person who knew that money was at the well that night, waiting to be deposited in the bank the ne_ morning.
And half of that 100,OOO was in securities, and not one of them has shown up in seven years.
That's it right there.
They've never shown up.
lf they weren't stolen, they'd have burned in the fire, and if l stole them, they'd have burned in the fire, but suppose Jamison stole them.
What then? He'd still have them hidden.
He'd be afraid to use them because they were registered.
Jamison's in bad financial trouble.
A thousand acres of guaranteed oil, rich land for peanuts, _50 an acre, exactly what Jamison needs to save his neck.
Only he has no money and no credit.
Only _50,OOO in stolen securities that he hasn't touched for seven years.
You thought he'd be desperate enough to use those securities to buy the leases.
All right, what then? l blow the whistle, have him tossed in jail.
Then l'd give everyone who invested their money seven years ago a chance to get at least half their money back.
lt was foolproof, Perry, absolutely foolproof.
Was it? Harlow Phipps is dead.
Where are the securities, Mike? l don't know.
Doesn't make sense.
That's what the District Attorney will say about your story, but his story will make sense.
Phipps fooled you into capping your well.
He planned to make a quick killing on the leases, then get out of the country.
I You found out, confronted him at the well and you killed him.
Do you believe that? Mike, where is your .
25 automatic? Oh, thank you, Elliot.
l don't think l could've managed without you.
Lydia [door opens.]
Evening, Miss Reynolds, Mr.
Dunbar.
Good evening, Mr.
Mason.
l'll see you tomorrow, Lydia.
Good night.
l thought you'd already gone back to Los Angeles, Mr.
Mason.
No.
May l talk to you for a moment? Sure, soon as l put these groceries away.
That can wait.
Would you come inside, please? Where did you-- What is this, Mr.
Mason? Perhaps Mr.
Drake can help explain it.
One of the top ballistics experts in Los Angeles is a man named Harvey Beasely.
This morning Beasely received a phone call from a ''Mrs.
Hathaway.
'' She claimed to be a writer and wanted to know, for a story she was doing, how to run a ballistics test.
Beasely told her that in order to get test bullets to compare with the death bullets, sometimes the gun in question is fired into a pillow.
Mrs.
Hathaway called Beasely again, asked if it would be possible to compare two bullets she had with photos of the murder bullet from a certain recent killing.
Beasely said he could manage it, but if by some strange coincidence the bullet should match, there would be a lot of explaining to do, and, besides, which killing was it? At that point, obviously frightened, Mrs.
Hathaway hung up.
l traced both calls.
They were toll calls from Derrick City to Los Angeles, both of them from the phone in this house.
Della? Now, where did you find the gun, in the shack beside the body? No, l swear l didn't.
lt was in the glove compartment of Mike's jeep.
You've got to believe me, Mr.
Mason.
May l have the gun, please, and the two bullets you fired? Concealing evidence, possibly even a charge to accessory to murder.
You took quite a chance.
Why? l love Mike Preston.
Paul do you still have that contact inside the Sherims ballistics section? You want a comparison test run on these bullets without Landro finding out? ls that possible? Yeah, if the bullets don't match.
And if they do? You're handing Mike Preston a one-way ticket to the gas chamber.
[phone rings.]
Yes.
Just a minute.
It's Paul.
Go ahead, Paul.
l see.
Paul, l'll have Della wrap the gun.
Then send it by messenger to Burger at the District Attorney's omice.
Thanks.
We'll see you later.
The ballistic test-- what did Mr.
Drake say? The bullet that killed Harlow Phipps and the bullets fired from Mike's gun do not match.
He was dead.
That .
25 automatic was on the floor beside him.
The phone had been pulled from the wall, and l had to drive better than 10 miles to call the Sherim.
[Burger.]
Now, when you returned to the shack to wait for the Sherim, was anything dimerent than when you left the shack? [Watchman.]
Yes, sir.
That .
25 automatic-- it was gone.
l see.
Now, when you drove to the well the first time, before you discovered the body, did you see anybody leaving the area? Yes, sir, l saw somebody driving om real fast.
lt's him, sir, Mr.
Preston, the defendant.
l took the gun out of the glove compartment of Mr.
Preston's jeep while Sergeant Landro was questioning him.
[Burger.]
You took it? Why? l don't know why.
l-- You don't know why? Didn't you take that gun because you were sure that Mr.
Preston had committed a murder with it? Objection.
Not only is the State asking this witness to judge whether the defendant is guilty or innocent, but the prosecutor is cross-examining his own witness.
No, your honor.
The State is asking this witness only to explain her removal of a vital piece of evidence.
Then does the State contend that the gun owned by Mr.
Preston is the murder weapon? Gentlemen, l'm going to sustain the objection.
Now, do you wish to rephrase the question? No, Your Honor, l'll withdraw it.
Now, Miss Reynolds, according to the autopsy surgeon, the decedent was shot through the heart between the hours of 10:OO and 1 1 :OO.
Mike Preston had received the phone call from the decedent in your presence at approximately 10:OO.
During the course of this phone call, you testified that he accused Mr.
Phipps of pulling something and also that he threatened to kill him, and then you testified Phipps apparently hung up on him.
At this point, did Mr.
Preston put down the phone and leave the house? A short time later, yes.
Was he delayed further? Was there another phone call? Yes-- Yes, there was.
An airline called trying to locate Mr.
Phipps.
When l told him there had been no cancellation on the flight that Mr.
Phipps had requested to Honolulu, Mr.
Preston, he became rather abusive.
He said he'd see that Mr.
Phipps got the message, but then-- then he used some stronger language, and he hung up on me.
Miss Hamilton, you were close to the decedent Harlow Phipps, perhaps closer than any other single person during the days before his passing.
Did he ever confide in you? Yes, he did.
And in these moments of confidence, did he ever mention the name of the defendant? Objection.
Question calls for hearsay and declarations made outside the hearing of the defendant.
Your Honor, we ask this particular question only to show the state of mind of the defendant.
l believe the question is proper for that purpose, Mr.
Mason.
The witness will answer the question.
Once he said, ''For 10 years l broke my back for Mike, and he threw me out.
'' Another time he said, ''Just wait till my deal goes through.
l'll fix Mike Preston.
'' Thank you, Miss Hamilton.
That'll be all.
Your witness.
Miss Hamilton, did anyone ever try to find out from you what Mr.
Phipps' deal was? Did anyone ever ask you what Mr.
Phipps was doing after he was fired by Mike Preston? Well, one night Arnie-- [Mason.]
By Arnie, you mean Arnold Keith, Mr.
Jamison's son-in-law? Was Mr.
Jamison at your apartment yesterday? [Paula.]
Yes.
What did you talk about? Well, it didn't have anything to do with Harlow's deal.
Mr.
Jamison just asked me not to mention his son-in-law's name.
He didn't want his daughter to find out about us, Arnie and me, but that was before l met Harlow, Arnie and me, l mean.
You and Harlow Phipps planned to be married.
Had he ever given you any gifts? Well, a few little things.
He didn't have much money.
Was one of those little things a gun? [Paula.]
A gun? No.
Did he ever talk about giving you a gun? Well, he did say he thought l should have one.
Did he actually buy a gun to give to you? He might have.
l don't know.
Miss Hamilton, your plans with Mr.
Phipps-- did they include a trip to Honolulu? Yes.
When did you find out that he'd only made one plane reservation? Well, when l heard it here in court.
Are you sure you didn't find out the same way Miss Reynolds did? Are you sure the airlines didn't call your apartment, asking for Mr.
Phipps? No, they didn't.
Are you sure you then didn't get into Phipp's car, drive back out to the well accuse him of running out on you, and then shoot him with the gun he'd gotten for you as a gift? No, that's not true.
No further questions.
You may step down.
[Judge.]
Mr.
Burger? Your Honor, since defense counsel, in cross-examining many of these witnesses, seems to be engaging in some sort of treasure hunt for a seemingly missing murder weapon, l thought perhaps he would like it if l clarified this particular question for him once and for all.
When the defense delivered to Mr.
Burger the gun belonging to Mike Preston, we did indeed anticipate a treasure hunt a hunt for a defendant other than Mike Preston.
However, at this point, it would be a pleasure to have Mr.
Burger resolve anything, and, in particular, the question of the not seemingly missing but actually missing murder weapon.
[Burger.]
Anything to accommodate the distinguished defense counsel.
l call Sergeant Ben Landro, please.
Can you identify this bullet for us, Sergeant? Yes, sir.
lt has my mark as well as the autopsy surgeon's.
This is the 25-caliber automatic bullet that killed Harlow Phipps.
And what about this second bullet, Sergeant? lt also has my mark.
This is a 25-caliber bullet, a test bullet, fired form a weapon suspected of being the murder gun.
Did you examine both of these bullets? [Landro.]
Yes, sir.
The bullet that killed Harlow Phipps was unquestionably fired from the gun l tested.
And who owned this gun? To whom was it registered? lt was the gun given to us by Mr.
Mason, the one belonging to the defendant, Mike Preston.
[Burger.]
Your witness, Mr.
Mason.
- [knock on door.]
- Come in, Paul.
Hi.
Perry, we double checked, and there's no question about it.
The test bullets Lydia Reynolds supposedly fired from Mike's gun do not match the murder bullet.
But the murder bullet was fired from Mike's gun.
Well, Lydia loves Mike.
She could have deliberately juggled bullets.
l wonder.
What else did you get? Well, l came up with a lot of answers but not the foggiest idea what they add up to.
[chuckles.]
Let's hear them.
One-- l checked the airline.
Phipps did buy that ticket to Honolulu, but with the provision it could be rewritten for someone else.
Good.
Two-- on the day he was killed, Phipps did buy a gun-- .
25 automatic.
You checked on Dunbar? That's number three.
Elliot Dunbar does own a dummy company, calls it ABC Products.
However, it's nothing but a bank account.
And that's it.
Perry, l called the phone company.
When you pull a phone out by the wire, it sounds, at least on the other end, exactly as if someone were hanging up.
You were right.
That's one of his few bad habits-- always being right.
Paul, put some men on Dunbar's ABC Company.
l want all the information l can get on it.
- Will do.
- Oh, one other thing.
l want you to get a gun for me, a .
25 automatic exactly like Mike Preston's.
After today's testimony, l should think you'd never want to set eyes on another .
25 automatic.
Mr.
Burger did so well with one murder weapon.
Let's see how he makes out with two.
Phipps and l had discussed a proposition.
He had an oil lease deal that looked very promising, and if he could back it up, l intended to go in with him.
Did he indicate to you that lease was held by the defendant? No.
Earlier that evening you called Arnold Keith about a possible _50,OOO loan.
Was that loan in connection with those particular leases? Those or any others.
You have to move fast in the oil business.
l wanted that much available just in case.
You're a liar.
You went out to my well.
You killed Phipps.
You killed him because you didn't want to share with him.
- Mike.
- [Judge tapping pencil.]
Mr.
Preston, this court will not tolerate that sort of behavior.
Your Honor, l insist the record show that the defendant made a shocking outburst against this witness.
l submit that this is prima facie evidence of the violent character of the defendant.
Your Honor, l apologize on behalf of my client.
l can only omer, in e_enuation, the long-standing ill feeling between these two men and the reason behind that ill feeling.
l'm sure the court is aware of it.
Mr.
Mason, l am aware of that.
lf the defendant clearly understands that regardless of the background, he keeps his emotions under control in this court, we will continue.
[Burger.]
l have no further questions of this witness, Your Honor.
Mr.
Jamison, you said that the deal omered you by Mr.
Phipps looked good.
Now, what did you mean? Well, he showed me a core sample.
An electric log and geologist's reports were also available.
Those are common items in the oil business, are they not, easily almost picked up anywhere? Surely a man of your experience wouldn't put up _50,OOO unless he knew the ground, now, would he? l knew the man.
l knew l could trust Harlow Phipps.
Mr.
Jamison, l must remind you that you are under oath.
Now, did you not, in fact, have an appointment with Mr.
Phipps to be shown that ground the very night he was murdered? Answer the question, Mr.
Jamison.
All right, yes, l did.
l met Phipps at Preston's well at 9:30.
We took about 20 minutes to look over the layout.
lt was good, so l told him l'd put up the money for the leases and advance him _5,OOO cash in the morning.
We shook hands on it.
l left him at 10 minutes of 10:OO and drove back to my omice.
Did you go back to the well that night? No, absolutely, positively no.
[Mason.]
Mr.
Keith, it is my understanding that the Jamison Tool and Supply Company has been in severe financial dimiculties the past few months.
May l ask, in requesting this loan from the bank, what security did Hugh Jamison omer as a basis for borrowing _50,OOO? Security? There was no problem about that.
He omered the bank a first mortgage on my wife's home.
My father gave me the house, free and clear as a wedding gift when Arnold and l were married.
lt's been appraised at over _100,OOO, and when Dad called me and asked me if he could use the house as security for a loan, l told him of course he could.
Mr.
Dunbar, was the turnover in crewmen on this particular well unusually large? Oh, definitely, several times over.
ln your considerable experience in the oil business, Mr.
Dunbar why, would you think, Harlow Phipps, without the knowledge of the defendant, hired and fired crewmen so frequently? lt's quite obvious-- to keep the real progress of the well a secret from Mike Preston.
Objection.
[Burger.]
l'll withdraw the question, Your Honor.
.
.
and that'll be all, Mr.
Dunbar.
Your witness.
Mr.
Dunbar you are the sole stockholder and owner of a business called ABC Products Company? Why-- Why, yes.
But isn't ABC Products simply a dummy company set up by you to lease equipment to Mike Preston? And didn't you occasionally write checks to ABC from Mike's account for equipment that never really was purchased? Well, no-- no, l can explain that.
You see, every time l went out to the well, l'd write any checks that were necessary.
lncluding the ones l just spoke of.
But what happened when you heard the well was to be closed down? Were there checks outstanding? Were you afraid you'd written one too many and Mike would find out what you'd been up to? No, please-- please-- lsn't that why you came to Derrick City on the night of the murder, because you wanted to remove any such checks from the safe at the oil well omice? Didn't you drive out and find Phipps there, fight with him and kill him with the gun he'd bought for Paula Hamilton? No.
No, l didn't kill him.
l didn't.
[Mason.]
Then you took that gun out to the ranch, waited for your chance to frame Mike Preston but Mike's gun was missing.
Your chance didn't come until the ne_ night, when you helped Lydia Reynolds bring in some groceries and found a chance to get at her purse.
Your Honor, l protest this nonsense.
We have the murder weapon.
ls Mr.
Mason contending that there are two murder weapons? Exactly.
Your Honor l realize this is highly' irregular, but since this is a preliminary hearing without a jury, l believe l can expedite matters considerably with the court's indulgence.
Subject to any subsequent ruling as to the admissibility of what you present, you may proceed, Mr.
Mason.
Thank you, Your Honor.
First, as a matter of record, Harlow Phipps did purchase a .
25 automatic on the day he was murdered.
That gun is still missing.
Sergeant Landro? Sergeant, since there were no cartridge cases found, you identified this as the murder weapon solely because of the marks Ieft on the bullet by the barrel of this gun.
ls that correct? That's right.
Now, this is a new gun, of the same make and model as the gun Sergeant Landro now holds.
lt was purchased this morning.
Watch carefully, would you, please? Sergeant, would you please remove the barrel of that gun? Now, exchange it with this barrel, would you, please? Sergeant Landro holds the gun registered to Mike Preston, the murder weapon, but the gun you hold has the barrel that marked the fatal bullet.
So you, also, hold the murder weapon.
Yes, Mr.
Burger, two murder weapons.
You, Mr.
Dunbar you picked the real murder weapon up from beside Harlow Phipps' dead body.
You removed the barrel from it.
Later, when you were helping Lydia Reynolds bring groceries into the house, you took Mike Preston's gun from her purse, and you switched barrels.
lt-- It was a chance to get even with Mike Preston, but please believe me.
l didn't kill Harlow Phipps.
l didn't! No, Mr.
Dunbar, you didn't kill him.
The one who killed Phipps knew every step of the deal.
He followed Jamison out there, waited until Jamison left, then moved in like a jackal at a feast of lions.
He knew the deal was really good if Jamison was willing to mortgage his daughter's house.
The killer wanted that land, wanted it so badly he tried to buy it with the only funds he had available-- _50,OOO worth of securities he'd stolen seven years ago.
You, Mr.
Keith, you stole that money, and you killed Harlow Phipps.
All right.
Sure, l gave Phipps the stolen securities to buy the lease.
He thought l left, but l heard him call Mike.
l pulled out the phone.
He-- He was like a madman.
l didn't know that part of those securities were his, that he'd recognize them.
He attacked me.
l grabbed the gun and-- l didn't mean to kill him.
l didn't.
Well, Harlow got that reservation to Honolulu for Paula as a surprise.
l guess he planned on joining her later, when he'd finished things up.
And it was Keith, not Jamison, that started that fire seven years ago to steal the _1 OO,OOO.
Yes, apparently he had embezzled money from the bank and used the cash to make up his shortages.
And held on to the securities, afraid to use them.
Until he fell into the trap you baited for his father-in-law.
Well, Mike, l'm glad you're om the hook.
And l'm sorry about Keith, Jamison.
Well, l guess l've really suspected my son-in-law for several years, but doing anything about him would have hurt my daughter so.
l guess it hasn't been easy for either one of us, Mike.
l once said, ''lf l wanted something to lean on, l'd buy crutches.
'' lt wasn't exactly what l wanted to say.
l know, Mike.
Subtitled By J.
R.
Media Services, Inc.
Burbank, CA
[gunshot.]
l think you hit him.
l'm not sure.
He moved just as l fired.
lt'll be dark in an hour.
l wouldn't want to tangle with a wounded mountain lion after dark.
lt's rugged country up there.
Not much chance of finding him anyway.
Well, we better back to town.
Hello, Mike.
What are you doing out here? l've been watching you.
Where do you think you're going now? - Back to town.
- What about that cat? l missed him, l think.
And you let it go at that, huh? lf you were a man, you'd get up there and make sure.
Mike, what's all the fuss? It's only an animal? He's gone.
lf l did hit him, it was only in the leg.
Let the poor thing live.
Live? Dragging a leg for the rest of its life? And you call letting it live? Keith, you joined the right clan when you married Hugh Jamison's daughter.
You and he are the same brand.
Selfish and yellow, both of you.
You leave him out of this.
[Mike.]
Why? It's right up his alley.
The mighty hunter cripples a mountain lion.
He'll be proud of you, Keith.
Crippling is Jamison's specialty.
[gunshot.]
They're all in the black.
Silly little gun.
l could do more damage throwing rocks.
What's on the calendar, Lydia? Your accountant, Elliott Dunbar, is due at 10:OO to go over ne_ months' drilling costs.
- [phone rings.]
- Yes? Sure, Harlow, he's right here.
lt's Phipps over at the well.
Yeah? l hired you to manage this house and take a few notes for me.
When l want something to lean on, l'll buy crutches.
We're right on top of it, Mike.
Take a look at that color.
Not here.
Let's go inside.
This is the electric log l took this morning.
Take a look at those oscillations.
Now, take a look at this core sample under the microscope.
Who needs a microscope? l could squeeze the oil out of this with my bare hands.
lt's down there, Mike, just waiting for us.
l was never more sure of oil in my whole life.
Does any of the crew suspect? Not a chance.
l've kept it too close.
You know your ne_ move.
Know it? Mike, this is what we've both been sweating out for seven years.
How could l forget it? Okay, get rid of the crew.
You and l can cap this well.
We'll plug her tight.
Must be something special going on at the well to get Mike out there.
All l know is that he said for you to wait, Elliot.
A man gets tired waiting.
Then sit down.
You've known for three years how l feel about you.
ls that supposed to make a dimerence? Lydia, he's a cripple in more ways than one.
Why do you stay here? That's none of your business.
[vehicle approaching.]
Mike, by golly you're looking great.
Any calls? What's the good word at the drilling? Since when is a dry hole a good word? Dry? We're shutting it down.
Dunbar, l want the payroll checks out to the men by tonight and pay om Harlow Phipps in cash.
- In cash? - That's right.
l fired him.
Mike, you fired Harlow? He's had it.
He's through.
Well, can you do it? Yes, your books are in pretty good shape.
Of course we'll have to make some sort of an adjustment on your royalty deal with ABC Products for the tool rental.
l suppose if l have to, l-- Then what are you standing here for? Get on with the job.
Put in a call to Perry Mason in Los Angeles.
l want to talk to him about some leases.
When you were up at my ranch, you wouldn't believe me when l told you how big the gophers got, so l brought one back to prove it.
[Della.]
Gopher, indeed.
lt's a mountain lion, a cougar, and beautiful.
ls it for me? lf you've got a place to put it.
Don't you worry.
l'll find one.
Well, Perry, what about the leases? You say you want to sell om a thousand acres.
That's almost half of what you hold, isn't it? l want _50 an acre.
That's pretty cheap for leases with proven oil-bearing land on two sides.
Maybe there's oil there, and maybe there isn't.
By selling half my leases, l'm putting aside my bet, taking only half the risk.
Hedging a bet doesn't sound like you, Mike.
So l changed.
That's my business.
How's Hugh Jamison these days? [groans.]
Yes, of course, you've changed.
But l did think that maybe in seven years you might have forgotten.
Oh, sure, forget five tons of traveling block that knocks out half my knee.
lt was Jamison's rig.
The cable was rotten.
l told him so.
l suppose you still think that he set that fire at the well.
Look, Mike, you really believe he set that fire to cripple you and to steal that money? Perry, there was _100,OOO dollars in the shack that night.
l saw it-- and 50,OOO in cash.
What happened to it? Mike, stop and think.
lf that money had been stolen, you might not be able to trace the cash, but the securities were registered, and in seven years not one dollar's worth of that 50,OOO in securities-- and you want to lease out a thousand acres at _50 an acre.
Perry, l've made up my mind, and l don't want to argue.
Will you prepare those lease transfers, or do l have to walk out of here and hire myself a real lawyer? Any other lawyer would throw you right out of his omice.
All right, Mike, how do you want the transfers prepared? One block, 1 ,OOO acres.
You know, you may have to wait a long while for the right man to come along.
The right man will come along.
_5o,ooo? Harlow Phipps came to you at the bank to borrow _50,OOO? l told him bank vice-presidents have fancy titles but not very much authority.
For a loan like that, he'd have to speak to the president, Mr.
Wilkerson.
Of course, Wilkerson turned him down cold.
Harlow Phipps has been Mike Preston's right-hand man for better than 10 years.
Two weeks ago, Preston shuts down his well lays om the crew, and fires Phipps.
Without a job and without a nickel in security, Phipps tries to borrow _50,OOO.
Now, l'd call that interesting.
As a dutiful son-in-law, l just thought you'd like to know even though what happens at the bank is confidential.
There's nothing confidential about the fact that l'm so tied up l couldn't raise 50 cents, let alone _50,OOO or weren't you suggesting that l might be interested in Phipp's deal, whatever it is? He's not kind who would put up a front without having something pretty solid behind him.
l thought you might have some idea of what it was.
- Did-- - You thought.
lf you did, it's the first time.
Maybe there's some hope for you.
But if there was something, something big, and if l could-- l know things are a little rough for you right now, and there might be a way of finding out about Phipps' deal, that is, if you're really interested.
l'm interested.
Well, he's been keeping company with a girl at the bank, named Paula Hamilton.
Honolulu-- that's all l can think about.
lt won't be long now.
Soon as l finish my business.
What business? You don't even have a job.
Well, you have to admit, honey, you haven't been acting exactly like a big spender, lately.
Just give me a little time.
You could get a job with Mr.
Jamison, a good job.
Look, Paula, l don't need or want a job.
Even if l did, Jamison would be the last man l'd go to.
All l need is to get the right money lined up.
Money, money everywhere, not a cent to spend on Paula.
lf Paula will just keep her little shirt on, she'll be able to start her own bank and spend it all on Paula.
l must be slipping.
Maybe you'd rather be out with Harlow Phipps.
He never takes me out.
All l get from him is promises, Iots of promises, just like you.
ls your wife back in town yet? She'll be in San Francisco another week.
Paula, about Phipps' promises Arnie, what's he trying to get backing for? Do you know? He hasn't confided in you? He just said he needed to get the right money lined up.
What else did he say-- about the deal, l mean? Nothing.
The way he acts, you'd think he's afraid someone might move in on it.
Even you? Don't be silly.
l'm the kind that gets invited.
You know, Dave, nobody kids me about the oil business.
l'm telling you, there's been more dough thrown away on it than has ever been taken out.
The only way to make it in this racket is to know something, something nobody else knows.
All right, l'll take it from here.
You run along home.
Harlow.
Well, if it isn't Mr.
Jamison, the big friend of the little investor.
You and your boss pack a grudge a long time, don't you, Phipps? Remember, l took a beating in that oil well deal seven years ago, too.
_5,OOO of those securities were mine, every cent l had in the world.
Jamison, l'm going to say it right to your face.
You're a midget.
You think you're a big man in the oil business? You ain't seen nothing yet.
And you're going to show me, huh, Harlow? You bet l am.
l'm going to be bigger than you and Mike put together.
You're going to try your wings now that Mike has pushed you out of the nest.
- Is that it? - l've got news for you.
Mike didn't push.
l did.
l think you're talking through your whiskey.
Yeah? That ain't whiskey, and l was cold sober when l pulled it out, right under his nose.
Anybody can carry around a bottle full of sand and solvent.
That's right, Mr.
Jamison.
Let's have a drink, Harlow.
Another drink for Mr.
Phipps, and l'll have a scotch and water.
Are you trying to tell me that you fooled Mike Preston into plugging a well, just feet short of blowing in a gusher? Sure, sure, why not? Switch your reports, the electric log-- the real one-- and the sand.
Got 'em all back in my room.
How did you keep it from the crew? Those roughnecks are easy to hire and fire.
A thousand acres, half of it ne_ to proven ground.
l can get it for 50 an acre.
You're bluming, Phipps.
l've checked on you.
You've been up and down that coast for weeks trying to raise money.
You're afraid to show your hand for fear Mike will find out.
You don't stand a chance at raising that kind of money, but maybe l can.
Now, what do you say? Give me _5,OOO cash for expenses, and it's a deal.
Not quite.
lt's still a pig in a poke.
l want to see the hole.
You're taking a big chance going out there.
What do you call laying 50,OOO on the line? Every time Mike takes a step it reminds him of what you did to his leg.
He catches you up there, he'll kill you.
Then you'd better see that he doesn't.
l'll see you there at 9:30.
- [phone rings.]
- Yeah? Will you get out here right away? l was sure we had Jamison hooked, but something has come up.
Can't you tell me over the phone? Look, please, Mike, l-- l don't have the time.
Now, will you get out here, and fast? This whole thing is blowing up in our faces.
Phipps, are you trying to pull something on me, so help me, l'll kill you.
- [click.]
- Phipps? Don't hang up on me.
Phipps.
How long have you been standing there? Long enough to know it was Harlow who called.
- Mike, what's wrong? - [phone rings.]
Now, you listen to me, you-- This is Sopac Airlines.
Your operator said that we might reach Mr.
Phipps at this number.
Yes, sir.
lt's regarding his reservation to Honolulu tomorrow.
There were no cancellations on the flight.
Honolulu? Yes, sir, that's right, Honolulu.
Well, the same to you, fellow.
Mike? Mike! Hey, Mike! [dials.]
l was just passing through on my way to Sacramento.
l got here about minutes before Mike-- Mr.
Preston-- did.
All right, Mr.
Dunbar, thank you.
lf you think of anything else, you can reach me through the Los Angeles County Sherims omice.
Landro, Sergeant Ben Landro.
l'll do that, Sergeant.
That'll be all, thank you.
All right, Mr.
Preston, you might as well tell me about it.
You were there.
The watchman saw you.
l went out to the well.
It was dark.
l didn't even get out of the car.
And l went to town to his apartment, but Phipps wasn't there,so l came back here.
That's all l know.
Was he out at the well when he called you? How do l know where he was? You must've figured he was there.
You went to the well first.
Don't push me, Landro.
l'll push as hard as l have to.
l'm investigating a murder.
l'll ask you once more.
What did Phipps want to see you about? Mr.
Preston, where's that little 25-caliber automatic l understand you own and, uh, use? ln the glove compartment of my jeep.
Bring it in, Wilson.
Let's go back to the phone call from Phipps.
There's nothing more to tell.
Miss Reynolds, were you here when Phipps called Mr.
Preston-- [Preston.]
You leave her out of this.
My driller's been killed, and you walk-- Your driller? You threw Phipps out.
Everybody knows that.
lt's not there.
There's no gun in the car.
[Landro.]
Get your hat.
l don't know what happened to that stupid little gun.
Perry, l didn't Phipps.
Do you believe me or don't you? That's not the problem.
- Hugh Jamison killed him.
- Can you prove that? Jamison was out at my well last night.
He went out there to keep an appointment with Phipps.
Phipps told me.
Phipps is dead.
Now, what about this trip to Honolulu you discovered he was going to make? Who knows? Phipps is dead.
Come in, Mr.
Mason.
Sit down.
Thank you.
l'm sorry to hear about all this, but l'm not surprised.
Mike Preston's a brawler.
He always has been.
When did you last see Harlow Phipps, Mr.
Jamison? Yesterday, early in the evening.
We met in a restaurant, talked for a while.
Mind telling me what you talked about? No.
He wanted to borrow money to finance some new oil exploration.
What l don't understand is why Phipps went out to Mike's well last night.
Yes, that is strange.
lt's even stranger that Mike went out there.
Not at all.
You see, Phipps called him.
Oh, incidentally do you like guns, Mr.
Jamison? No, Mr.
Mason, l don't.
Well, thank you.
Oh, by the way, did you give Phipps the money he needed for his oil exploration? We didn't get that far.
l'm afraid l haven't been much help.
On the contrary.
Specifically, l'd like to know of anyone who's tried to raise a large amount of money recently.
Derrick City is a small town, Mr.
Mason.
What do you mean by large? _50,OOO.
l'd like to help, Mr.
Mason, but that is bank business, and-- Can you tell me if Harlow Phipps came in for a loan? Why, yes-- yes, he did, over a week ago.
Did you make the loan? l referred him to our president since it involved so large a sum.
Mr.
Wilkerson turned the loan down, insumicient security.
l gather Mr.
Jamison wasn't as concerned about security? No, he was-- You're very clever, Mr.
Mason.
You're married to Mr.
Jamison's daughter, aren't you? l assumed you were less secretive about bank business with him than you're being now, with me.
Mr.
Mason, l don't want you to think l was being secretive, but if you'll tell me how a _50,OOO loan ties in with this murder perhaps l can be more helpful.
Mr.
Keith, l really don't think we should ask you to violate the confidence of your customers until you're under oath.
Yes, that might be best.
Miss Hamilton, l realize what a shock this must've been, but, if you don't mind, there are some questions l'd like to ask you.
When was the last time you saw Harlow Phipps? When l drove him out to the well last night.
You drove him out? Yes.
l needed his car to run an errand.
Did you go back for him later? No.
He told me not to come until he called but he never called.
You know, you're a very attractive girl.
Living here alone, l imagine you have some means of protecting yourself.
You mean a gun? Honestly, you men are all alike.
Just because a girl is pretty and alone, you think she needs a gun.
How well do you know Hugh Jamison? Why, only as a customer at the bank.
Has he borrowed, or tried to borrow, a lot of money lately? l don't know anything about Mr.
Jamison's business.
Has Jamison ever had occasion to come here to see you? Certainly not.
What kind of a girl do you think l am anyway? You tell me, Miss Hamilton.
l saw Jamison leave this place just as l was arriving.
Aside from your tendency to avoid telling the truth, l'll be anxious to find out just what kind of a girl you are.
So long.
lsn't it a little late for electric logs, Sergeant Landro? That's what somebody wanted us to think.
You mean this well isn't dry? What did you come out here for, Mr.
Mason? To look in the shack over there.
We have a court order permitting it.
Help yourself.
''Darling, l told you you needed this.
''Keep it near you when l can't be.
Love, Harlow.
'' l wonder what that was that went with this card.
Perry, if there is oil here, then Phipps must have been trying to swindle Mike.
That's what Sergeant Landro will believe.
Looks like two bulls hit this China shop.
The watchman saw a .
25 automatic beside the body.
When he came back, it was gone, and Mike's gun is still missing.
And no ejected shell case, either.
Nope.
Either they can't find it, or the killer was smart enough to pick it up and get rid of it.
lt's a tough one.
Seems to me, though, that if we could find that gun, we'll find the killer.
Well, do l get it from you, Mike, or do l get it as a surprise from the District Attorney in court? You remember, Perry, when Jamison and l were partners in that wildcat well seven years ago? We were real close to oil when the option came due-- _100,OOO.
Jamison and l agreed that we'd sell shares to raise the cash.
Half of Derrick City was in on the deal.
Perry, besides me, Jamison was the only other person who knew that money was at the well that night, waiting to be deposited in the bank the ne_ morning.
And half of that 100,OOO was in securities, and not one of them has shown up in seven years.
That's it right there.
They've never shown up.
lf they weren't stolen, they'd have burned in the fire, and if l stole them, they'd have burned in the fire, but suppose Jamison stole them.
What then? He'd still have them hidden.
He'd be afraid to use them because they were registered.
Jamison's in bad financial trouble.
A thousand acres of guaranteed oil, rich land for peanuts, _50 an acre, exactly what Jamison needs to save his neck.
Only he has no money and no credit.
Only _50,OOO in stolen securities that he hasn't touched for seven years.
You thought he'd be desperate enough to use those securities to buy the leases.
All right, what then? l blow the whistle, have him tossed in jail.
Then l'd give everyone who invested their money seven years ago a chance to get at least half their money back.
lt was foolproof, Perry, absolutely foolproof.
Was it? Harlow Phipps is dead.
Where are the securities, Mike? l don't know.
Doesn't make sense.
That's what the District Attorney will say about your story, but his story will make sense.
Phipps fooled you into capping your well.
He planned to make a quick killing on the leases, then get out of the country.
I You found out, confronted him at the well and you killed him.
Do you believe that? Mike, where is your .
25 automatic? Oh, thank you, Elliot.
l don't think l could've managed without you.
Lydia [door opens.]
Evening, Miss Reynolds, Mr.
Dunbar.
Good evening, Mr.
Mason.
l'll see you tomorrow, Lydia.
Good night.
l thought you'd already gone back to Los Angeles, Mr.
Mason.
No.
May l talk to you for a moment? Sure, soon as l put these groceries away.
That can wait.
Would you come inside, please? Where did you-- What is this, Mr.
Mason? Perhaps Mr.
Drake can help explain it.
One of the top ballistics experts in Los Angeles is a man named Harvey Beasely.
This morning Beasely received a phone call from a ''Mrs.
Hathaway.
'' She claimed to be a writer and wanted to know, for a story she was doing, how to run a ballistics test.
Beasely told her that in order to get test bullets to compare with the death bullets, sometimes the gun in question is fired into a pillow.
Mrs.
Hathaway called Beasely again, asked if it would be possible to compare two bullets she had with photos of the murder bullet from a certain recent killing.
Beasely said he could manage it, but if by some strange coincidence the bullet should match, there would be a lot of explaining to do, and, besides, which killing was it? At that point, obviously frightened, Mrs.
Hathaway hung up.
l traced both calls.
They were toll calls from Derrick City to Los Angeles, both of them from the phone in this house.
Della? Now, where did you find the gun, in the shack beside the body? No, l swear l didn't.
lt was in the glove compartment of Mike's jeep.
You've got to believe me, Mr.
Mason.
May l have the gun, please, and the two bullets you fired? Concealing evidence, possibly even a charge to accessory to murder.
You took quite a chance.
Why? l love Mike Preston.
Paul do you still have that contact inside the Sherims ballistics section? You want a comparison test run on these bullets without Landro finding out? ls that possible? Yeah, if the bullets don't match.
And if they do? You're handing Mike Preston a one-way ticket to the gas chamber.
[phone rings.]
Yes.
Just a minute.
It's Paul.
Go ahead, Paul.
l see.
Paul, l'll have Della wrap the gun.
Then send it by messenger to Burger at the District Attorney's omice.
Thanks.
We'll see you later.
The ballistic test-- what did Mr.
Drake say? The bullet that killed Harlow Phipps and the bullets fired from Mike's gun do not match.
He was dead.
That .
25 automatic was on the floor beside him.
The phone had been pulled from the wall, and l had to drive better than 10 miles to call the Sherim.
[Burger.]
Now, when you returned to the shack to wait for the Sherim, was anything dimerent than when you left the shack? [Watchman.]
Yes, sir.
That .
25 automatic-- it was gone.
l see.
Now, when you drove to the well the first time, before you discovered the body, did you see anybody leaving the area? Yes, sir, l saw somebody driving om real fast.
lt's him, sir, Mr.
Preston, the defendant.
l took the gun out of the glove compartment of Mr.
Preston's jeep while Sergeant Landro was questioning him.
[Burger.]
You took it? Why? l don't know why.
l-- You don't know why? Didn't you take that gun because you were sure that Mr.
Preston had committed a murder with it? Objection.
Not only is the State asking this witness to judge whether the defendant is guilty or innocent, but the prosecutor is cross-examining his own witness.
No, your honor.
The State is asking this witness only to explain her removal of a vital piece of evidence.
Then does the State contend that the gun owned by Mr.
Preston is the murder weapon? Gentlemen, l'm going to sustain the objection.
Now, do you wish to rephrase the question? No, Your Honor, l'll withdraw it.
Now, Miss Reynolds, according to the autopsy surgeon, the decedent was shot through the heart between the hours of 10:OO and 1 1 :OO.
Mike Preston had received the phone call from the decedent in your presence at approximately 10:OO.
During the course of this phone call, you testified that he accused Mr.
Phipps of pulling something and also that he threatened to kill him, and then you testified Phipps apparently hung up on him.
At this point, did Mr.
Preston put down the phone and leave the house? A short time later, yes.
Was he delayed further? Was there another phone call? Yes-- Yes, there was.
An airline called trying to locate Mr.
Phipps.
When l told him there had been no cancellation on the flight that Mr.
Phipps had requested to Honolulu, Mr.
Preston, he became rather abusive.
He said he'd see that Mr.
Phipps got the message, but then-- then he used some stronger language, and he hung up on me.
Miss Hamilton, you were close to the decedent Harlow Phipps, perhaps closer than any other single person during the days before his passing.
Did he ever confide in you? Yes, he did.
And in these moments of confidence, did he ever mention the name of the defendant? Objection.
Question calls for hearsay and declarations made outside the hearing of the defendant.
Your Honor, we ask this particular question only to show the state of mind of the defendant.
l believe the question is proper for that purpose, Mr.
Mason.
The witness will answer the question.
Once he said, ''For 10 years l broke my back for Mike, and he threw me out.
'' Another time he said, ''Just wait till my deal goes through.
l'll fix Mike Preston.
'' Thank you, Miss Hamilton.
That'll be all.
Your witness.
Miss Hamilton, did anyone ever try to find out from you what Mr.
Phipps' deal was? Did anyone ever ask you what Mr.
Phipps was doing after he was fired by Mike Preston? Well, one night Arnie-- [Mason.]
By Arnie, you mean Arnold Keith, Mr.
Jamison's son-in-law? Was Mr.
Jamison at your apartment yesterday? [Paula.]
Yes.
What did you talk about? Well, it didn't have anything to do with Harlow's deal.
Mr.
Jamison just asked me not to mention his son-in-law's name.
He didn't want his daughter to find out about us, Arnie and me, but that was before l met Harlow, Arnie and me, l mean.
You and Harlow Phipps planned to be married.
Had he ever given you any gifts? Well, a few little things.
He didn't have much money.
Was one of those little things a gun? [Paula.]
A gun? No.
Did he ever talk about giving you a gun? Well, he did say he thought l should have one.
Did he actually buy a gun to give to you? He might have.
l don't know.
Miss Hamilton, your plans with Mr.
Phipps-- did they include a trip to Honolulu? Yes.
When did you find out that he'd only made one plane reservation? Well, when l heard it here in court.
Are you sure you didn't find out the same way Miss Reynolds did? Are you sure the airlines didn't call your apartment, asking for Mr.
Phipps? No, they didn't.
Are you sure you then didn't get into Phipp's car, drive back out to the well accuse him of running out on you, and then shoot him with the gun he'd gotten for you as a gift? No, that's not true.
No further questions.
You may step down.
[Judge.]
Mr.
Burger? Your Honor, since defense counsel, in cross-examining many of these witnesses, seems to be engaging in some sort of treasure hunt for a seemingly missing murder weapon, l thought perhaps he would like it if l clarified this particular question for him once and for all.
When the defense delivered to Mr.
Burger the gun belonging to Mike Preston, we did indeed anticipate a treasure hunt a hunt for a defendant other than Mike Preston.
However, at this point, it would be a pleasure to have Mr.
Burger resolve anything, and, in particular, the question of the not seemingly missing but actually missing murder weapon.
[Burger.]
Anything to accommodate the distinguished defense counsel.
l call Sergeant Ben Landro, please.
Can you identify this bullet for us, Sergeant? Yes, sir.
lt has my mark as well as the autopsy surgeon's.
This is the 25-caliber automatic bullet that killed Harlow Phipps.
And what about this second bullet, Sergeant? lt also has my mark.
This is a 25-caliber bullet, a test bullet, fired form a weapon suspected of being the murder gun.
Did you examine both of these bullets? [Landro.]
Yes, sir.
The bullet that killed Harlow Phipps was unquestionably fired from the gun l tested.
And who owned this gun? To whom was it registered? lt was the gun given to us by Mr.
Mason, the one belonging to the defendant, Mike Preston.
[Burger.]
Your witness, Mr.
Mason.
- [knock on door.]
- Come in, Paul.
Hi.
Perry, we double checked, and there's no question about it.
The test bullets Lydia Reynolds supposedly fired from Mike's gun do not match the murder bullet.
But the murder bullet was fired from Mike's gun.
Well, Lydia loves Mike.
She could have deliberately juggled bullets.
l wonder.
What else did you get? Well, l came up with a lot of answers but not the foggiest idea what they add up to.
[chuckles.]
Let's hear them.
One-- l checked the airline.
Phipps did buy that ticket to Honolulu, but with the provision it could be rewritten for someone else.
Good.
Two-- on the day he was killed, Phipps did buy a gun-- .
25 automatic.
You checked on Dunbar? That's number three.
Elliot Dunbar does own a dummy company, calls it ABC Products.
However, it's nothing but a bank account.
And that's it.
Perry, l called the phone company.
When you pull a phone out by the wire, it sounds, at least on the other end, exactly as if someone were hanging up.
You were right.
That's one of his few bad habits-- always being right.
Paul, put some men on Dunbar's ABC Company.
l want all the information l can get on it.
- Will do.
- Oh, one other thing.
l want you to get a gun for me, a .
25 automatic exactly like Mike Preston's.
After today's testimony, l should think you'd never want to set eyes on another .
25 automatic.
Mr.
Burger did so well with one murder weapon.
Let's see how he makes out with two.
Phipps and l had discussed a proposition.
He had an oil lease deal that looked very promising, and if he could back it up, l intended to go in with him.
Did he indicate to you that lease was held by the defendant? No.
Earlier that evening you called Arnold Keith about a possible _50,OOO loan.
Was that loan in connection with those particular leases? Those or any others.
You have to move fast in the oil business.
l wanted that much available just in case.
You're a liar.
You went out to my well.
You killed Phipps.
You killed him because you didn't want to share with him.
- Mike.
- [Judge tapping pencil.]
Mr.
Preston, this court will not tolerate that sort of behavior.
Your Honor, l insist the record show that the defendant made a shocking outburst against this witness.
l submit that this is prima facie evidence of the violent character of the defendant.
Your Honor, l apologize on behalf of my client.
l can only omer, in e_enuation, the long-standing ill feeling between these two men and the reason behind that ill feeling.
l'm sure the court is aware of it.
Mr.
Mason, l am aware of that.
lf the defendant clearly understands that regardless of the background, he keeps his emotions under control in this court, we will continue.
[Burger.]
l have no further questions of this witness, Your Honor.
Mr.
Jamison, you said that the deal omered you by Mr.
Phipps looked good.
Now, what did you mean? Well, he showed me a core sample.
An electric log and geologist's reports were also available.
Those are common items in the oil business, are they not, easily almost picked up anywhere? Surely a man of your experience wouldn't put up _50,OOO unless he knew the ground, now, would he? l knew the man.
l knew l could trust Harlow Phipps.
Mr.
Jamison, l must remind you that you are under oath.
Now, did you not, in fact, have an appointment with Mr.
Phipps to be shown that ground the very night he was murdered? Answer the question, Mr.
Jamison.
All right, yes, l did.
l met Phipps at Preston's well at 9:30.
We took about 20 minutes to look over the layout.
lt was good, so l told him l'd put up the money for the leases and advance him _5,OOO cash in the morning.
We shook hands on it.
l left him at 10 minutes of 10:OO and drove back to my omice.
Did you go back to the well that night? No, absolutely, positively no.
[Mason.]
Mr.
Keith, it is my understanding that the Jamison Tool and Supply Company has been in severe financial dimiculties the past few months.
May l ask, in requesting this loan from the bank, what security did Hugh Jamison omer as a basis for borrowing _50,OOO? Security? There was no problem about that.
He omered the bank a first mortgage on my wife's home.
My father gave me the house, free and clear as a wedding gift when Arnold and l were married.
lt's been appraised at over _100,OOO, and when Dad called me and asked me if he could use the house as security for a loan, l told him of course he could.
Mr.
Dunbar, was the turnover in crewmen on this particular well unusually large? Oh, definitely, several times over.
ln your considerable experience in the oil business, Mr.
Dunbar why, would you think, Harlow Phipps, without the knowledge of the defendant, hired and fired crewmen so frequently? lt's quite obvious-- to keep the real progress of the well a secret from Mike Preston.
Objection.
[Burger.]
l'll withdraw the question, Your Honor.
.
.
and that'll be all, Mr.
Dunbar.
Your witness.
Mr.
Dunbar you are the sole stockholder and owner of a business called ABC Products Company? Why-- Why, yes.
But isn't ABC Products simply a dummy company set up by you to lease equipment to Mike Preston? And didn't you occasionally write checks to ABC from Mike's account for equipment that never really was purchased? Well, no-- no, l can explain that.
You see, every time l went out to the well, l'd write any checks that were necessary.
lncluding the ones l just spoke of.
But what happened when you heard the well was to be closed down? Were there checks outstanding? Were you afraid you'd written one too many and Mike would find out what you'd been up to? No, please-- please-- lsn't that why you came to Derrick City on the night of the murder, because you wanted to remove any such checks from the safe at the oil well omice? Didn't you drive out and find Phipps there, fight with him and kill him with the gun he'd bought for Paula Hamilton? No.
No, l didn't kill him.
l didn't.
[Mason.]
Then you took that gun out to the ranch, waited for your chance to frame Mike Preston but Mike's gun was missing.
Your chance didn't come until the ne_ night, when you helped Lydia Reynolds bring in some groceries and found a chance to get at her purse.
Your Honor, l protest this nonsense.
We have the murder weapon.
ls Mr.
Mason contending that there are two murder weapons? Exactly.
Your Honor l realize this is highly' irregular, but since this is a preliminary hearing without a jury, l believe l can expedite matters considerably with the court's indulgence.
Subject to any subsequent ruling as to the admissibility of what you present, you may proceed, Mr.
Mason.
Thank you, Your Honor.
First, as a matter of record, Harlow Phipps did purchase a .
25 automatic on the day he was murdered.
That gun is still missing.
Sergeant Landro? Sergeant, since there were no cartridge cases found, you identified this as the murder weapon solely because of the marks Ieft on the bullet by the barrel of this gun.
ls that correct? That's right.
Now, this is a new gun, of the same make and model as the gun Sergeant Landro now holds.
lt was purchased this morning.
Watch carefully, would you, please? Sergeant, would you please remove the barrel of that gun? Now, exchange it with this barrel, would you, please? Sergeant Landro holds the gun registered to Mike Preston, the murder weapon, but the gun you hold has the barrel that marked the fatal bullet.
So you, also, hold the murder weapon.
Yes, Mr.
Burger, two murder weapons.
You, Mr.
Dunbar you picked the real murder weapon up from beside Harlow Phipps' dead body.
You removed the barrel from it.
Later, when you were helping Lydia Reynolds bring groceries into the house, you took Mike Preston's gun from her purse, and you switched barrels.
lt-- It was a chance to get even with Mike Preston, but please believe me.
l didn't kill Harlow Phipps.
l didn't! No, Mr.
Dunbar, you didn't kill him.
The one who killed Phipps knew every step of the deal.
He followed Jamison out there, waited until Jamison left, then moved in like a jackal at a feast of lions.
He knew the deal was really good if Jamison was willing to mortgage his daughter's house.
The killer wanted that land, wanted it so badly he tried to buy it with the only funds he had available-- _50,OOO worth of securities he'd stolen seven years ago.
You, Mr.
Keith, you stole that money, and you killed Harlow Phipps.
All right.
Sure, l gave Phipps the stolen securities to buy the lease.
He thought l left, but l heard him call Mike.
l pulled out the phone.
He-- He was like a madman.
l didn't know that part of those securities were his, that he'd recognize them.
He attacked me.
l grabbed the gun and-- l didn't mean to kill him.
l didn't.
Well, Harlow got that reservation to Honolulu for Paula as a surprise.
l guess he planned on joining her later, when he'd finished things up.
And it was Keith, not Jamison, that started that fire seven years ago to steal the _1 OO,OOO.
Yes, apparently he had embezzled money from the bank and used the cash to make up his shortages.
And held on to the securities, afraid to use them.
Until he fell into the trap you baited for his father-in-law.
Well, Mike, l'm glad you're om the hook.
And l'm sorry about Keith, Jamison.
Well, l guess l've really suspected my son-in-law for several years, but doing anything about him would have hurt my daughter so.
l guess it hasn't been easy for either one of us, Mike.
l once said, ''lf l wanted something to lean on, l'd buy crutches.
'' lt wasn't exactly what l wanted to say.
l know, Mike.
Subtitled By J.
R.
Media Services, Inc.
Burbank, CA